Wakefield magistrates fined BUPA Care Homes (CFH Care) Limited £15,000 and ordered it to make a payment amounting to £10,500 as costs following the serious fall of Muriel Lindley, an 80-year old quadriplegic, from her bed.

The accident happened when a new care assistant was getting her dressed for the day at West Ridings Nursing Home on Lingwell Gate Lane in Lofthouse, owned by BUPA, on July 13, 2008. Mrs Lindley fractured both her legs and was then admitted at Pinderfields Hospital where she died after nine days.

BUPA pleaded guilty to infringement of Section 3 (1) of the Health & Safety at Work Act 1974. The hearing clearly brought out that Swaledale Unit resident Mrs Lindley fell off her bed due to lowering of safety rails by the untrained care assistant for undressing, washing and redressing her for the day.

This practice, which calls for rolling, is usually carried out by two well-trained and qualified attendants, as is clearly delineated in the safety and health policies at the nursing home and in the printed appraisals of the patient’s personal care requirements.

However, the care assistant who attended to Mrs Lindley was new and had been working for only six days on the unit, and had not completed the compulsory formal training on managing patients until July 22, the day Mrs Lindley expired.

After the hearing, HSE inspector Paul Robinson mentioned that the hearing must serve as an eye-opener for all care home employers, managements and assistants about the consequences of not observing proper training and safety procedures, and must make them understand the reason why such policies are put in place beforehand for the safety of the patients.

Companies should bring themselves and their employees fully up-to-date with the latest H&S regulations. The NEBOSH National General Certificate course (NEBOSH Exam) is a highly reputable course run by Workplace Law Training and is a good first step to improving a companies’ knowledge and understanding of health and safety principles and practices.